Order No.  11  dt.  13/02/2020

            The o.p. nos.1, 2 and 3 entered into a development agreement on 19/01/1991 and granted general Power of Attorney to o.p. no.3. On the basis of the said document the o.p. no.3 wanted to construct a building known as Ashray Apartment for the purpose of having an accommodation in respect of the said apartment one Sri Debdas Bhattacharjee entered into an agreement with the o.p. no.3 for purchasing a flat. During the subsistence of the said agreement the said Debdas Bhattacherjee unable to purchase the aforesaid flat and nominated Smt Suparna Pal, the complainant of this case to purchase the said flat. The price of the said flat was fixed of Rs.2,53,500/- and the o.ps put their respective signatures on the said agreement and Debdas Bhattacherjee remained as a confirming party and whereby the complainant was mentioned as purchaser of  the said flat, the said agreement for sale was registered. It was decided that the flat in question would be registered and executed in favour of the complainant though the possession of the flat in question was given in favour of the vendor. The complainant also paid entire consideration price of the said flat since the o.ps failed and neglected to execute the deed of sale in favour of the complainant. Therefore, the complainant filed this case praying for direction upon the o.ps for execution and registration of deed of conveyance in favour of the complainant. The complainant also prayed for compensation of Rs.1Lakh and litigation cost.

            The o.ps did not contest the case; therefore, the case has proceeded ex parte. The complainant in order to ensure the attendance of the o.ps a notice was issued through daily news paper but the o.ps did not contest the case, as such, the case has proceeded ex parte. The complainant did not adduce any evidence and by filing a petition stated that the petition of complaint be treated as evidence. Since the complainant did not adduce any evidence but in the  petition of complaint it was categorically stated that the complainant entered into an agreement with the o.ps for purchasing a flat and Debdas Bhattacherjee one of the signatory of the said agreement for sale put his signature as a confirming party for the agreement. On perusal of the agreement it appears that the price of the said flat was fixed at Rs.2,53,500/-  and the complainant paid the entire consideration price. Subsequently the o.ps also gave possession of the flat in question in favour of the complainant but in spite  of the repeated requests the o.ps did not execute and register the deed of conveyance in favour of the complainant. The complainant has filed document showing that they paid entire consideration price as well as the agreement for sale entered into between the parties. Since the evidence of the complainant has remained unchallenged, therefore, we hold that the complainant will be entitled to get the deed of conveyance to be registered in her favour by the o.ps.

            Hence, ordered,

            That the case no.210/2019 is allowed ex parte against the o.ps.  The o.ps are jointly and/or severally directed to execute and register the deed of conveyance in favour of the complainant and to pay compensation of Rs.3,000/- (Rupees Three Thousand) only for harassment and mental agony and litigation cost of Rs.5,000/- (Rupees Five Thousand) only within 30 days from the date of communication of this order, i.d. an interest @ 8% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.